NDLI: Kanna Timma Kanaji Madiwal (d) Through Lrs. Vs. Ramachandra Timmaya Hegde (d) Through Lrs. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	24 48A Land laws and agricultural tenancies Assignment of tenancy rights by way of bequeath Karnataka Land Reforms Act 1961 Claim for ss. 21 61 – Grant of occupancy rights
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Bombay Tenancy and Agricultural Lands Act, 1948 (67 of 1948) Karnataka Land Reforms Act, 1961 (10 of 1962)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Land laws and agricultural tenancies: Karnataka Land Reforms Act, 1961: ss. 21, 24, 48A, 61 – Grant of occupancy rights – Claim for – Assignment of tenancy rights by way of bequeath – On facts, appellant’s father, brother of the original tenant, inducted as tenant in the land belonging to the respondent by the original tenant – Appellant’s father cultivating the land due to ill health of the original tenant and paid rent to the respondents on behalf of his brother – Will executed by the original tenant bequeathing his properties in favour of appellant’s father – Mutation of land in the name of appellant’s father however, the same was objected by the original tenant’s wife and she got the entry of land in her favour – Suit filed by appellant’s father for declaration of possessory title and injunction against original tenant’s wife with reference to Will – Suit decreed in favour of appellant’s father and attained finality – Another round of litigation wherein application u/s. 48-A of the Act of 1961 filed by appellant’s father for grant of occupancy rights in respect of the land in question – Application prosecuted by the appellant after demise of his father – Rejection of application as also appeal thereagainst – Revision petition and the review petition before the High Court also dismissed – High Court held that the bequeathing of all the properties by the original tenant by way of Will in favour of his brother is hit by statutory prohibition and no rights of tenancy could be claimed on its basis – Sustainability of – Held: Not sustainable – In the scheme of the Act of 1948 as also the Act of 1961, when a person had been inducted as tenant, heritable right comes into existence with certain embargo over transferability of such tenancy – Such tenancy continues even after the demise of tenant – If the deceased tenant was a member of joint family then the surviving members of the joint family; and if he was not a member of joint family, his heirs would be entitled to claim partition subject to the conditions specified – However, the tenanted land cannot be sub-let nor any interest therein could be assigned – On facts, original tenant had executed the Will in favour of appellant’s father bequeathing his rights in the land and that appellant’s father was in possession of the land relates to the stage before acquisition of occupancy rights; and the legatee of the Will, had been none other than the brother of the deceased tenant; and the said legatee, being related to the deceased tenant by legitimate kinship, had already been declared to be the successor of the tenant in the civil suit in presence of all the relevant parties, including the respondents, with categorical finding that the wife of tenant had left and ceased to be his heir after having contracted other marriage – Hence, the Will is not hit by the embargo, whether that is contained in s. 27(1) of the Act of 1948 or in s. 21 of the Act of 1961 – A fortiori, the application made by appellant’s father for grant of occupancy rights is allowed – Orders passed by the High Court as also the Land Reforms Appellate Authority and Land Tribunal set aside – Bombay Tenancy and Agricultural Lands Act, 1948 – ss. 27, 40.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 1093
Petitioner	Kanna Timma Kanaji Madiwal (d) Through Lrs.
Respondent	Ramachandra Timmaya Hegde (d) Through Lrs. And Ors.
SCR	[2019] 12 S.C.R. 768
Judgement Date	2019-09-27
Case Number	1300

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Kanna Timma Kanaji Madiwal (d) Through Lrs. Vs. Ramachandra Timmaya Hegde (d) Through Lrs. and Ors.

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